[1973 Code § 68-7; Ord. No. 10-12-88; Ord. No. 2016-26; Ord. No. 2018-46]
As used in this article:
Shall mean any male or female dog.
Shall mean a dog or dog hybrid declared potentially dangerous
by a municipal court pursuant to New Jersey Statutes, N.J.S.A. 4:19-23
which provides that:
The municipal court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
Shall mean the restraining of an animal by the tying to any
object or structure, including, without limitation, a house, tree,
fence, post, garage, weight or shed, by any means, including, without
limitation, rope, cord, leash or running line. For purposes of this
definition, tethering shall not include the use of a leash used to
walk the animal, or forms of restraint used in transportation of an
animal.
Shall mean a dog or dog hybrid declared to be vicious by
a municipal court pursuant to New Jersey Statute N.J.S.A. 4:19-22
which provides that:
A dog shall not be declared vicious for inflicting death or
serious bodily injury as defined in N.J.S. 2C:11-1 (b) upon a person
if the dog was provoked. The municipality shall bear the burden of
proof to demonstrate that the dog was not provoked.
If the municipal court declares a dog to be vicious, and no
appeal is made of this ruling pursuant to section 9 of P.L. 1989,
c. 307 (C.4:19-25), the dog shall be destroyed in a humane and expeditious
manner, except that no dog may be destroyed during the pendency of
an appeal.
Shall mean any animal known as a wolf-dog hybrid, which is
a cross between a domestic dog and a wolf or a descendant of a wolf-dog
hybrid.
[1973 Code § 68-1; Ord. No. 4-14-76; Ord. No. 6-23-82; Ord. No. 9-14-83; Ord.
No. 10-24-90; Ord. No. 6-12-91; Ord. No. 2002-O-83 § 2; Ord. No. 2003-(O)-3; Ord.
No. 2007-(O)-40 § 1]
Any person in the Town of Kearny who owns, keeps or harbors
any dog shall have the same registered and numbered with the Health
Officer, and shall place upon the neck of each such dog, a collar
having inscribed thereon upon a metal tag the name of the owner of
any such dog or the registered number thereof. The person registering
such dog shall pay to the Health Officer the sum of:
|
Year
|
2008
|
2009 and Subsequent Years
|
|---|---|---|
|
Unneutered or unspayed dog
|
$18
|
$21
|
|
Neutered or spayed dog
|
$15
|
$18
|
|
Fees shall include all charges due the State of New Jersey in
accordance with PL 1983, C. 172. All licenses shall be for a term
of one year from the 1st of January in each year and all fees shall
be paid in advance. Failure to renewal any license on or before the
31st day of March of the licensing year shall result in the imposition
of a $25 late charge in addition to the licensing fee. The fine for
owning, keeping or maintaining an unlicensed dog shall be $35 for
a first offense.
|
[Ord. No. 2013-5; Ord. No. 2018-46]
The sum to be paid annually and upon each renewal thereof for
a license for a "potentially dangerous dog", as defined in N.J.S.A.
4:19-23, shall be $700.
[1973 Code § 68-2]
It shall be the duty of the Town Clerk to provide a book for
the purpose of registering the owner's name of every such dog
and the number, numbering them in the order of the owner's application
for the registration and giving to each person information of the
registered number thereof.
[1973 Code § 68-3]
It shall be the duty of the owner of every dog within the Town
of Kearny to keep the dog in a pen, enclosure or building except when
on a leash accompanied by a responsible person, and it shall also
be the duty of the owner of each dog, and of each person having a
dog under his control, to prevent the dog from depositing any excretions
or from committing any other nuisance, or from causing damage upon
any public sidewalk, lawn, park or building; any private grounds,
lawns, fences, shrubbery, buildings or structures not owned by the
owner of the dog; or any private grounds, lawns, fences, shrubbery,
buildings or structures owned by the owner of the dog which are used
or occupied in whole or in part by the tenant or the owner.
[1973 Code § 68-3.1; Ord. No. 12-23-74]
a.
No person owning or in charge of any dog shall cause or allow such
dog to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, play area, park or any
place where people congregate or walk, or upon any public property,
without the permission of the owner of the property.
b.
Any person owning or in charge of any dog which soils, defiles, defecates
on or commits any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk,
or upon any public property whatsoever, or upon any private property,
without the permission of the owner of the property, shall immediately
remove all feces deposited by any such dog in a sanitary manner.
c.
The feces removed from the aforementioned designated areas shall
be disposed of by the person owning or in charge of any such dog in
a sealed, nonabsorbent, leakproof container.
d.
The provisions of paragraph c shall not apply to blind persons who
may use dogs as guides.
[1973 Code § 68-3.2; Ord. No. 2-14-79]
Any person in the Town of Kearny in the County of Hudson who
owns, keeps or harbors five or more dogs of licensing age shall comply
with the Board of Health regulations, "Kennels, Pet Shops, Shelters
and Pounds," or its successor ordinance providing for the sanitary
maintenance and care of animals.
[1973 Code § 68-4]
It shall be the duty of Police Officers or others so employed
by the Town to seize any dog found running at large or straying off
the owner's premises. Any dog so seized will be detained for
seven days, and after owner or person keeping or harboring the dog
has claimed the dog and paid all expenses incurred by reason of its
detention, including maintenance, not exceeding $0.50 per day and,
if the dog be unlicensed at the time of the seizure and the owner
or person keeping or harboring the dog has not produced license and
registration tag for the dog, the Chief of Police or any person authorized
by him may cause the dog to be destroyed in a manner causing as little
pain as possible.
[1973 Code § 68-5]
No person shall suffer any dog owned, kept or harbored by him
to attack or bite any person while upon any street or public place
in the Town of Kearny or while such dog is trespassing upon the property
of another.
[1973 Code § 68-6]
No person shall permit any dog owned, kept or harbored by him
to disturb the comfort or sleep of the neighborhood by barking or
howling.
[1973 Code § 68-7A; Ord. No. 2018-46]
Owners of potentially dangerous dogs shall comply with all applicable
New Jersey Statutes, including: N.J.S.A. 4:19-24 which reads as follows:
"If the municipal court declares the dog to be potentially dangerous
it shall issue an order and a schedule for compliance which, in part:
a.
Shall require the owner to comply with the following conditions:
1.
To apply, at his own expense, to the municipal clerk or other official
designated to license dogs pursuant to section 2 of P.L. 1941, c.
151 (C. 4:19-15.2), for a special municipal potentially dangerous
dog license, municipal registration number, and red identification
tag issued pursuant to section 14 of this act. The owner shall, at
his own expense, have the registration number tattooed upon the dog
in a prominent location. A potentially dangerous dog shall be impounded
until the owner obtains a municipal potentially dangerous dog license,
municipal registration number, and red identification tag;
2.
To display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall
be visible and legible from 50 feet of the enclosure required pursuant
to paragraph a.3 of this subsection.
3.
To immediately erect and maintain an enclosure for the potentially
dangerous dog will be kept and maintained, which has sound sides,
top and bottom to prevent the potentially dangerous dog from escaping
by climbing, jumping or digging and within a fence of at least six
feet in height separated by at least three feet from the confined
area. The owner of a potentially dangerous dog shall securely lock
the enclosure to prevent the entry of the general public and to preclude
any release or escape of a potentially dangerous dog by an unknowing
child or other person. All potentially dangerous dogs shall be confined
in the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the animal control officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements
to a radius of no more than three feet from the owner and under the
direct supervision of the owner.
b.
Shall require the owner to maintain liability insurance in an amount
determined by the municipal court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy." and N.J.S.A. 4:19-28 which reads
as follows:
"The owner of a potentially dangerous dog shall:
1.
Comply with the provisions of P.L. 1989, c. 307 (C. 4:19-17 et seq.)
in accordance with a schedule established by the municipal court,
but in no case more than 60 days subsequent to the date of determination;
2.
Notify the licensing authority, local police department or force,
and the animal control officer if a potentially dangerous dog is at
large, or has attacked a human begin or killed a domestic animal;
3.
Notify the licensing authority, local police department or force,
and the animal control officer within 24 hours of the death, sale
or donation of a potentially dangerous dog;
4.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
5.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, police
department or force, and animal control officer of that municipality
of the transfer of ownership and the name, address and telephone of
the new owner; and
6.
In addition to any license fee required pursuant to section 3 of
P.L. 1941, c. 151 (C. 4:19-15.3), pay a potentially dangerous dog
license fee to the municipality as provided by section 15 of P.L.
1989, c. 307 (C. 4:19-31)"
[1973 Code § 68-8; 2002-O-83 §§ 3,
4]
Each and every person violating this article shall, upon conviction
thereof, forfeit and pay a fine of not more than $500 or be imprisoned
in the County jail for not more than 90 days, or both.
The fee for the first offense of a dog running at large shall
be $35. The fee for the first offense for permitting a dog to commit
a nuisance shall be $50.
[Ord. No. 2006-(O)-12 § 2]
The purpose of this section is to amend and supplement requirements
for the proper disposal of pet solid waste in the Town of Kearny,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. No. 2006-(O)-12 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
[Ord. No. 2006-(O)-12 § 2]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, now owned or possessed by that person.
[Ord. No. 2006-(O)-12 § 2]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. No. 2006-(O)-12 § 2]
The provisions of this section shall be enforced by the Department
of Public Works of the Town of Kearny and any other department hereinafter
designated by the Town Administrator.
[Ord. No. 2006-(O)-12 § 2]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each violation committed hereunder. Each day's failure to comply
with any section or subsection shall constitute a separate violation.
Where a person has been convicted of a violation of this section
and within 12 months thereafter has been found guilty of a second
violation of this section, the Judge of the Kearny Municipal Court
may, if the Judge finds the second offense was willful, sentence the
offender to imprisonment in the County jail for a period not to exceed
90 days in addition to or in lieu of the fine set forth above.
[Ord. No. 2006-(O)-12 § 3; Ord. No. 2017-42]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park, on or in the space above any public street,
sidewalk or right-of-way or on any other property owned or operated
by the Town of Kearny, so as to protect public health, safety and
welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2006-(O)-12 § 3]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2006-(O)-12 § 3; Ord. No. 2017-42]
No person shall feed, in any public park, on or in the space
above any public street, sidewalk or right-of way or on any other
property owned or operated by the Town of Kearny, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved Trap-Neuter-Release
program).
[Ord. No. 2006-(O)-12 § 3]
[Ord. No. 2006-(O)-12 § 3]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each violation committed hereunder. Each day's failure to comply
with any section or subsection shall constitute a separate violation.
Where a person has been convicted of a violation of this section
and within 12 months thereafter has been found guilty of a second
violation of this section, the Judge of the Kearny Municipal Court
may, if the Judge finds the second offense was willful, sentence the
offender to imprisonment in the County jail for a period not to exceed
90 days in addition to or in lieu of the fine set forth above.
[Ord. No. 2016-26; Ord. No. 2018-46]
a.
It shall be unlawful for any person to tether, fasten, tie, restrain
or cause an unattended dog to be fastened, tied or restrained to houses,
trees, fences, garages, stakes or other stationary or highly immobile
objects by means of a rope, strap or other physical restraint for
the purpose of confinement, except in circumstances where all of the
following requirements are satisfied:
1.
The tethering is for a total of no more than seven hours within a
twenty-four-hour period, with a maximum of four hours at any one interval
and a minimum one hour period between confinements.
2.
The tether is attached to the dog by a non-choke type collar, swivels
at both ends, and attached to the stationary object by anchors, latches,
or similar devices in a manner which the dog is able to move freely
and prevents the tether from becoming entangled around the dog or
any object so as to limit the dog's freedom within the tethered
area or to prevent the dog, or any of its appendages, from becoming
entangled by the tether.
3.
The tether shall be a type commonly used for the size of the dog
involved.
4.
The construction of the tether shall be of a lightweight, yet durable
material, shall not exceed 20% of the animal's weight, and may
not be thicker than 1/8 inch.
5.
The tether must be a minimum of 15 linear feet in length, less than
six feet above the ground, and shall remain tangle free.
6.
The tethered dog has easy access to potable drinking water, edible
food, dry ground, and adequate shade and/or shelter within the tethering
area.
7.
The tethering area shall be clean, clear of obstructions and/or debris,
and no less than 150 square feet/per dog in total area.
8.
The dog, whether used for hunting, farming, breeding, or is an otherwise
working dog, is regularly monitored while tethered for the aforementioned
period of time.
b.
No dog shall be tethered by means of a choke-type, pinch-type, prong-type,
or improperly fitting collar.
c.
Chains shall be prohibited for use as a tethering device.
d.
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
e.
No dog shall be tethered within five feet of another person's
property, public thoroughfare, and/or right-of-way.
f.
No dog shall be tethered at a vacant structure or premises for any
purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
g.
Dogs that are not spayed or neutered shall not be tethered for any
period of time.
h.
No dog under the age of one or under 20 pounds shall be tethered.
i.
No dogs shall be tethered between the hours of 10:00 p.m. and 6:00
a.m.
[Ord. No. 2016-26]
[Ord. No. 2016-26]
This section shall be enforced by the Police Department of the
Town of Kearny, the Health Department of the Town of Kearny, the Department
of Public Works of the Town of Kearny and any other department hereinafter
designated by the Town Administrator.
[Ord. No. 2016-26]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each violation committed hereunder.
